Abdirazak Noor Maalim v Republic, Inspector General of Police & Direcor of Criminal Investigations [2015] KEHC 800 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

MISC. CRIMINAL CASE NO. 53 OF 2015

ABDIRAZAK NOOR MAALIM .............……….…………APPLICANT

V E R S U S

REPUBLIC.........................................................................................1ST RESPONDENT

INSPECTOR GENERAL OF POLICE .............................................. 2ND RESPONDENT

DIRECOR OF CRIMINAL INVESTIGATIONS ..................................... 3RD RESPONDENT

RULING

I have considered the application made by the applicant, the affidavit and documents annexed.  It raises serious issues of alleged breach of fundamental rights by the Anti-Terror Police.  For the reasons stated in the application, the court is of the view that it is only fair that the applicant be granted bond to avert harassment and arrest till he presents himself to the Isiolo Police Station to be charged or directions given by the OCS.

I hereby grant the orders that:

The applicant do execute his own bond of Kshs.300,000/=  pending arrest and or charge;

The applicant to appear before OCS, Isiolo on 15/12/2015 to be charged or given other directions.

It is so ordered.

DATED, SIGNED AND DELIVERED THIS 10TH DAY OF DECEMBER, 2015.

R.P.V. WENDOH

JUDGE

10/12/2015

PRESENT

Mr. Kiogora for Applicant

Mr. Mulochi for 3rd Respondent

Ibrahim/Peninah, Court Assistants